What does the Commerce Power allow Congress to do?
http://en.wikipedia.org/wiki/Commerce_Clause
The Commerce Power grants Congress the authority to regulate commerce among the states, with foreign nations, and with Native American tribes. It is derived from the Commerce Clause, which is found in Article I, Section 8, of the United States Constitution. The Commerce Power has been interpreted broadly by the courts, giving Congress significant authority over various economic activities.
To understand what the Commerce Power allows Congress to do, one can refer to the text of the Commerce Clause in the Constitution itself and examine the interpretations provided by the courts over the years.
1. Start by reading the Commerce Clause itself: Article I, Section 8, Clause 3 of the United States Constitution states that Congress shall have the power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."
2. Explore court interpretations: The scope of the Commerce Power has been shaped by various court decisions, particularly the landmark case of Gibbons v. Ogden in 1824. In this case, the Supreme Court held that the Commerce Power includes the power to regulate both interstate and foreign commerce. Over time, the Court has expanded the interpretation to cover a wide range of activities that impact commerce.
3. Review important court cases: Some significant cases to examine include Wickard v. Filburn (1942), where the Court ruled that Congress can regulate even purely local activities if they have a substantial effect on interstate commerce, and United States v. Lopez (1995), where the Court set boundaries by declaring that Congress cannot regulate activities that do not have a substantial relation to interstate commerce.
By studying the constitutional language, landmark court cases, and subsequent interpretations, one can gain a comprehensive understanding of what the Commerce Power allows Congress to do.